16 Years of May 1998 Tragedy
Refuse to Forget by Rejecting violators of human rights Who are Running
for the Next Presidential Candidate
The case of Trisakti, which occurred on May 12, 1998, and the case of May Riots, which occurred on May 13-15, 1998, has entered the 16th years. Throughout the 16 years, the state is still absent in completing these cases, so the rights of victims to justice and recovery continuously ignored.
With regard to these cases, the National Commission on Human Rights [known Komnas HAM], as a state institution, that has an authority to conduct pro-justitia investigation (investigations for the purpose of legal process), in 2003, Komnas HAM has submitted the results of investigation report on the case of Trisakti and the case of May to the Attorney General [known Jaksa Agung], to be followed up by the Jaksa Agung through investigation processes, as stipulated in Law No. 26 of 2000 on Human Rights Court.
Nevertheless, the Attorney General is still refusing to conduct the investigation. The stance of the Attorney General is contrary with the verdict of Constitutional Court (MK) of Republic of Indonesia, No.18/PUU-V/2007 on the application for judicial review of the article and its elucidation of Article 43 paragraph 2 of the Law No. 26 of 2000. The MK’s judgment has affirmed, in which in the case of the recommendations of the Indonesian Parliament on the establishment an Ad Hoc Human Rights Court, must be based on the results of the investigation of Komnas HAM and the investigation of Jaksa Agung.
The denial of Government of Indonesia, during 16 years, is a fact and shows that accountablity of human rights of the state is increasingly fragile, particularly in handling cases of past human rights abuses. The fragility in handling the number of serious human rights violations caused by unwillingness of the current President, to resolve a number of such cases through legal mechanisms, as stipulated in the Law No. 26 Year 2000.
Between the year of 2011 and 2013, the President has requested assistance to its cabinets, namely: The Coordinating Minister for Political, Legal and Security, to form a small team handling serious human rights violations for the past, the Presidential Advisory Board Member for ?Law and Human Rights (Wantimpres), Watimpres drafted a resolution concept, and the Deputy Minister of Justice and Human Rights, is mandated by the President to help resolve over the past human rights abuss. Notwithstading, the three processes have been done, did not answer the question, in contrast up until now, the cases of gross human rights violations are still stuck in the Attorney General.
Considering above-mentioned reality, in order to complete the prosecution of the past human rights abuses, required a recommendation of the President, namely the Presidential Decree (called Keputusan Presiden / Keppres) on the establishment of Ad Hoc Court. Indeed, without the decree, the Ad Hoc Court cannot be established.
Therefore, Presidential Election (Pemilihan Presiden / Pilpres), which will be held on July 9, 2014 , become a determinant factor of the State’s obligation on respect, protection, and fulfillment of human rights in the future of Indonesia.
Therefore, based on above-mentioned reasons, KontraS demands:
- The President to immediately issue instructions to the Attorney General to immediately initiate an investigation;
- The Attorney General should immediately conduct an investigation to the case of May and the case of Trisakti, as well as Semanggi I and II. In addition, the AG must also investigate all cases have been investigated and submitted by the Komnas HAM;
- Calling for the public do not vote the candidate of President and Vice President, who have a dark track record, namely committed human right violations and some other serious crimes.
Jakarta, May 11, 2014
The Commission for the Disappeared and Victims of Violence [KontraS]